A reasonable reader of the article could not have had a view of Mr Burke’s reputation that was capable of being injured by an incorrect allegation that he had been speaking excessively about religion following his imprisonment, the judge said.
Enoch Burke has lost his defamation claim against the publisher of the Sunday Independent over an article alleging he was moved jail cell for his safety because he was “annoying” other prisoners. Mr Justice Rory Mulcahy held that the words in the story, published in October 2022, were incapable of injuring his reputation.
Although he was released for a short period, Mr Burke remains in jail. His situation is due to be reviewed by another High Court judge on Friday. Mr Justice Mulcahy said “it must be the case that any person’s reputation is diminished in the eyes of a reasonable member of society if they simply refuse to comply with a court order”.
The article cited unnamed sources in support of its statement that Mr Burke had been moved to a new jail cell for his own safety as he was “annoying other prisoners” and “repeatedly expressing his outspoken views and beliefs”.
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